Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Wednesday, September 12, 2012

Parliamentary privilege should not be overused

An odd by-blow of the F-35 fighter-jet controversy illustrates why the courts should not usually be resorted to in order to uphold the political principles of the unwritten constitution. In this instance, an injunction action by the House of Commons against the Auditor-General of Canada would hardly be likely to cast any additional light on military-procurement practices. Excessive punctiliousness can be a mere distraction.

In June, Michael Ferguson, the Auditor-General, received an access-to-information request, from someone who has not been identified, asking for the Auditor-General e-mail correspondence with the Commons public accounts committee in connection with his appearance at the committee concerning the F-35 project. The requester may have taken that route because the committee had dealt with the F-35 mostly in camera.

Apparently as a courtesy, the Auditor-General let the committee know. But the committee mounted its high horse, saying that compliance with the request would be a breach of parliamentary privilege, Parliament not being a mere government department subject to that procedure. But Mr. Ferguson did not agree to refuse to answer the request.

Then, on Friday, the House of Commons legal staff commenced an injunction lawsuit in the Federal Court, to restrain Mr. Ferguson from releasing his own correspondence.

Little or nothing in all this suggests that the government and the Conservative members of the committee were trying to cover up anything. In fact, on Tuesday, the Prime Minister’s communications director, Andrew MacDougall, said that the committee should not have invoked parliamentary privilege and that the Conservatives would support a motion not to invoke privilege in this instance.

The Office of the Auditor-General does report to Parliament, but under the Access to Information Act, it is included among “other government institutions” that are subject to access requests. Correspondence is inherently two-sided, and the Auditor-General is entitled to disclose his correspondence. Parliamentary privilege is a precious thing, but if it is overstretched and overstrained, Parliament undermines itself.

Original Article
Source: the globe and mail
Author: Editorial

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